City of Wellington, Kansas
City of Wellington, KS

Wellington Police Racial Profiling

Letter From The Chief

The men and women of the Wellington Police Department have been and remain committed to the fair and equitable treatment and service for all citizens. In 2005, the Kansas Legislature mandated that all law enforcement agencies implement a policy prohibiting "racial profiling" and/or "biased law enforcement conduct" within their agencies. Furthermore, it is the department's responsibility to notify citizens of their rights in filing a complaint, either with their local law enforcement agency, or with the Kansas Human Rights Commission, should they feel that they have been the victim of "racial profiling" or "biased law enforcement conduct." The following is the Wellington Police Department's policy regarding "Racial Profiling and Commitment to Unbiased Law Enforcement Conduct".

Sincerely,

Tracy A. Heath
Chief of Police Wellington Police Department


438.0 - RACIAL PROFILING AND COMMITMENT TO UNBIASED LAW ENFORCEMENT CONDUCT

438.00, "Prohibiting Racial Profiling and Commitment to Unbiased Law Enforcement Conduct", the Wellington Police Department shall initiate appropriate disciplinary action consistent with applicable laws, rules and regulations, or policies with penalties, including demerits, suspensions or termination of the employment of the commissioned employee from the Wellington Police Department.

438.01 - PURPOSE

To emphasize the Wellington Police Department's commitment to unbiased, equitable treatment of all persons in enforcing state law and providing law enforcement services.

438.02 - POLICY

A. It is the policy of the Wellington Police Department to treat all persons having contact with this agency in a fair, equitable, and objective manner, in accordance with law, and without consideration of their race, ethnicity, national origin, gender, religious dress or other individual characteristics.

B. All commissioned employees of the Wellington Police Department shall be prohibited from engaging in "Racial Profiling," as that term is defined in 438.03. herein. 438.03

DEFINITIONS

A. "Racial Profiling" means the practice of a law enforcement officer or agency relying, as the sole factor, on race, ethnicity, national origin, gender or religious dress in selecting which individuals to subject to routine investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial routine investigatory activity. Racial profiling does not include reliance on such criteria in combination with other identifying factors when the law enforcement officer or agency is seeking to apprehend a specific suspect whose race, ethnicity, national origin, gender or religious dress is part of the description of the suspect.

B. "Routine Investigatory Activities" includes, but is not limited to, the following activities conducted by law enforcement officers and agencies in conjunction with traffic stops: (1) Frisks and other types of body searches, and (2) consensual or non-consensual searches of persons or possessions, including vehicles, dormitory rooms, school lockers, homes and apartments.

C. "Law Enforcement Officer" has the meaning ascribed thereto in K.S.A. 74-5602 and amendments thereto.

D. "Law Enforcement Agency" means the governmental unit employing the law enforcement officer.

E. "Governmental Unit" means the state or any county, city or other political subdivision thereof, or any department, division, board or other agency of any of the foregoing.

438.04

All commissioned employees of the Wellington Police Department shall be required to attend annual education training which shall include, but not be limited to, an understanding of the historical an cultural systems that perpetuate racial profiling, assistance in identifying racial profiling practices and providing officers with self-evaluation strategies to preempt racial profiling prior to stopping a citizen.

438.05

If, upon completion of an appropriate investigation by the Wellington Police Department, it is determined that a commissioned employee of the Wellington Police Department has directly violated the Wellington Police Department's policy

438.06

The Wellington Police Department shall engage in ongoing efforts to notify the public of the existence of this policy and shall endeavor to make the public aware of each individual's right to file a complaint with the Wellington Police Department or the Kansas Human Rights Commission regarding incidents of alleged Racial Profiling.

438.07

The Wellington Police Department shall engage in ongoing efforts to notify the public of the process for making a complaint to the Wellington Police Department on incidents of Racial Profiling alleged to have been committed by commissioned employees of the Wellington Police Department or the Wellington Police Department as a whole.

A. Such complaints may be made by delivering a written statement, signed by the complaining party or parties to the Chief of Police, or any department supervisor in the absence of the Chief of Police, or by utilizing the complaint process in effect for all other complaints against the Wellington Police Department, which is found in departmental Rules and Regulations 7.000 "Internal Investigations." Complaint forms may be obtained at the Wellington Police Department,
200 North C, or on line at www.cityofwellington.net. To access the Wellington Police Department's complaint form or the Kansas Human Rights Commission, please click on one of the links below.

Wellington Police Complaint Form

Kansas Human Rights Commission